City Council

City Hall, Council Chamber City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 City Council Regular Meeting Minutes - Final Tuesday, September 26, 2023 12:30 PM 1. CALL TO ORDER AND ROLL CALL Mayor N. Rogers called the meeting to order at 12:33 p.m. Present: 7 - Mayor Natalie Rogers, Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS No public comments were made. Mayor N. Rogers recessed the meeting to closed session at 12:34 p.m. to discuss Item 2.1 as listed on the agenda. 2.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Angelina Lopez, et al. vs. City of Santa Rosa, et al. Court Case No.: USDC Northern District of California Case No. 3:22-v-05270 This action was received and filed. Mayor N. Rogers adjourned closed session at 1:20 p.m. and reconvened the meeting to open session at 1:33 p.m. 3. STUDY SESSION 3.1 DRAFT GENERAL PLAN - SANTA ROSA FORWARD It is recommended by the Planning and Economic Development Department that the City Council review and provide input on the draft General Plan 2050 to inform revisions to the document before it is finalized for review and adoption in 2024. City of Santa Rosa Regular Meeting Minutes Page 2 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 Attachments: Staff Report Attachment 1 - Draft General Plan Attachment 2 - Draft General Plan Executive Summary Attachment 3 - Draft General Plan Summary of Goals, Policies, and Actions Attachment 4 - Summary of Goals, Policies, and Actions -Draft Santa Rosa General Plan 2050 Attachment 5 - Summary of Goals, Policies, and Actions Spanish-Draft Santa Rosa General Plan 2050 Attachment 6 - Life Reimagined Presentation Late Correspondence (Uploaded 09-26-2023) Late Correspondence (Uploaded 09-28-2023) Late Correspondence (Uploaded 10-04-2023) Jessica Jones, Deputy Director for Planning, Shari Meads, Senior Planner, and Beatriz Guerrero Auna, Equity and Public Health Planner, presented and answered questions from Council. PUBLIC COMMENT Ken Macnab, representing property owners in the Todd Creek area, spoke in favor of the General Plan with suggested modifications to Areas of Change Figure 2-5 and infrastructure and service needs of disadvantaged unincorporated communities, Action 2-1.8. Adrian Covert, a representative of Santa Rosa YIMBY, spoke in favor of the General Plan and highlighted the suggestions provided in their letter submitted regarding the Agenda Item. Several off topic speakers provided comments. This item was received and filed. Mayor N. Rogers recessed the meeting at 3:22 p.m. and reconvened at 3:32 p.m. Present: 7 - Mayor Natalie Rogers, Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp 3.2 INITIAL STUDY RESULTS FOR WATER SUPPLY ALTERNATIVES PLAN The City of Santa Rosa (City) wishes to diversify and increase its City of Santa Rosa Regular Meeting Minutes Page 3 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 potable urban water supply portfolio to enhance its resiliency to climate change, droughts, or Sonoma Water service interruptions that could occur in catastrophic events. As a result, Santa Rosa Water launched the Our Water Future project in May of 2022 and undertook development of a Water Supply Alternatives Plan (WSAP) in September 2022 to identify an adaptive approach to diversifying Santa Rosa’s water supply portfolio and production capacity over time. This project has included significant efforts to engage and solicit input from a wide range of stakeholders throughout the effort, including an interdisciplinary team of Water staff, an external Stakeholder Group comprised of leaders from a wide range of local organizations and agencies, the community, and the Board of Public Utilities (BPU). After working with stakeholders to establish a resiliency goal and list of potential supply options, a feasibility analysis of 18 water supply sources was completed. Four portfolios (mixes) of the most feasible water supply options were developed with stakeholder input to propose alternative strategies for increasing water supply resiliency. Staff and the consulting team will present project background, purpose, goals, study approach, initial findings, and the draft portfolios to the Council for input. Attachments: Staff Report Attachment 1 - Study Technical Memorandum Attachment 2 - Draft Portfolio Narratives Attachment 3 - Farm Bureau Article, Water Future by Doug Beretta Presentation Late Correspondence (Uploaded 09-26-2023) Colin Close, Senior Water Resources Planner, along with Katie Cole and Xavier Irias of Woodard & Curran, presented and answered questions from Council. PUBLIC COMMENT John Koslowski questioned the extent population increase is included in the study. One off topic speaker provided comment. This action was received and filed. 4. ANNOUNCEMENT OF ROLL CALL (IF NEEDED) City of Santa Rosa Regular Meeting Minutes Page 4 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS Samantha Zutler, Interim City Attorney, reported Council met in closed session on Item 2.1, Conference With Legal Council Existing Litigation, and no reportable action was taken. No public comments were made. 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - WATER PROFESSIONALS APPRECIATION WEEK OCTOBER 7-15, 2023 Attachments: Proclamation Council Member Stapp read the proclamation and presented it to Jennifer Burke, Director of Santa Rosa Water. Jennifer Burke, Director of Santa Rosa Water, thanked the Council, spoke in appreciation of the Santa Rosa water team members, and thanked Santa Rosa and other California water professionals for the important work they do for our communities. No public comments were made. 7. STAFF BRIEFINGS - NONE. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS No reports provided. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS No statements of abstention were made. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Stapp provided a report on events recently attended. Council Member Okrepkie reported on events recently attended. Vice Mayor MacDonald thanked the Merit Awards Committee along City of Santa Rosa Regular Meeting Minutes Page 5 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 with Chair Carolina Spence, and reported on events recently attended. Council Member Alvarez reported on events recently attended. Mayor N. Rogers provided a report on events recently attended, and announced the upcoming Town Hall event scheduled for October 11 at 6:00 p.m. at Spring Lake Middle School. No public comments were made. 10.1 MAYOR'S/COUNCIL MEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 10.1.1 Council Subcommittee Reports Council Member Fleming reported the Public Financing Authority held their first meeting. The next meeting is scheduled for Thursday, October 19, with future meetings scheduled on the second Thursday of each month. Vice Mayor MacDonald provided a brief report on the Violence Prevention Partnership Subcommittee. Mayor N. Rogers provided a brief report on the Long Term Financial Policy and Audit Subcommittee. 10.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 10.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 10.1.4 Association of Bay Area Governments (ABAG) 10.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 10.1.6 Sonoma Clean Power Authority (SCPA) 10.1.7 Zero Waste Sonoma (formerly known as Sonoma County Waste Management Agency (SCWMA)) City of Santa Rosa Regular Meeting Minutes Page 6 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 10.1.8 Groundwater Sustainability Agency (GSA) Council Member Stapp provided a brief report. 10.1.9 Sonoma County Continuum of Care (CoC) 10.1.10 Renewal Enterprise District (RED) Council Member Fleming reported the hiring of a new Executive Director and thanked Michelle Whitman for her dedicated service. 10.1.11 Public Safety Subcommittee Council Member Okrepkie reported October 25 will be the first meeting of 2023. 10.1.12 Other Council Member Fleming reported on the Bay Area Housing Finance Authority. 11. APPROVAL OF MINUTES 11.1 September 12, 2023, Regular Meeting Minutes. Attachments: Draft Minutes No public comments were made. Approved as submitted. 12. CONSENT ITEMS James Jensen, Deputy Director Engineering Services for Transportation and Public Works, Felicia Ong, Assistant Engineer, Jason McNutt, Assistant City Manager, answered questions from the Council regarding Agenda Item 12.1. PUBLIC COMMENT Speaker spoke in opposition to Agenda Item 12.1. Approval of the Consent Agenda A motion was made by Vice Mayor MacDonald, seconded by Council City of Santa Rosa Regular Meeting Minutes Page 7 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 Member Okrepkie, to waive reading of the text and adopt Consent Items 12.1 through 12.8. The motion carried by the following vote: Yes: 7 - Mayor Natalie Rogers, Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp 12.1 RESOLUTION - PROFESSIONAL SERVICES AGREEMENT APPROVAL - DATA INSTINCTS, PUBLIC OUTREACH COMMUNICATIONS AND COMMUNITY ENGAGEMENT SERVICES RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve a Professional Services Agreement with Mark Millan, a sole proprietor doing business as Data Instincts of Windsor, California, for public outreach communications and community engagement services associated with Coffey Park and Fountaingrove Neighborhood Road Disaster Recovery Project, in an amount not to exceed $236,500. Attachments: Staff Report Attachment 1 - Location Map Resolution Exhibit A - Professional Services Agreement This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-163 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH MARK MILLAN, A SOLE PROPRIETOR DOING BUSINESS AS DATA INSTINCTS, FOR PUBLIC OUTREACH COMMUNICATIONS AND COMMUNITY ENGAGEMENT SERVICES ASSOCIATED WITH THE COFFEY PARK AND FOUNTAINGROVE NEIGHBORHOOD ROAD DISASTER RECOVERY PROJECT 12.2 MOTION - WORK ORDER NO. A010139-2016-29 APPROVAL - COFFEY PARK AND FOUNTAINGROVE NEIGHBORHOOD ROAD DISASTER RECOVERY, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, approve work order number A010139-2016-29 with Coastland | DCCM, of Santa Rosa, California, for construction management and inspection services City of Santa Rosa Regular Meeting Minutes Page 8 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 associated with the Coffey Park and Fountaingrove Neighborhood Road Disaster Recovery Project, in an amount not to exceed $1,562,459. Attachments: Staff Report Attachment 1 - Work Order A010139-2016-29 This Consent - Motion was approved. 12.3 RESOLUTION - APPROPRIATION OF CDBG-DR GRANT FUNDS AND CONTRACT AWARD - COFFEY PARK AND FOUNTAINGROVE NEIGHBORHOOD ROAD DISASTER RECOVERY RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution: 1) accept a Community Development Block Grant Disaster Recovery grant award of $13,835,903.15 from the California Department of Housing and Urban Development; 2) award Contract No. C02258 Coffey Park and Fountaingrove Neighborhood Road Disaster Recovery (“Project”) to the lowest responsible bidder, Argonaut Constructors, Inc. of Santa Rosa, California, including a 5.5% contract contingency, for a total contract amount of $20,031,245.97; and 3) authorize the Chief Financial Officer to appropriate $13,835,903.15 from the Community Development Block Grant Disaster Recovery grant for expenditures for the Project. The sources of funding for the Project are Community Development Block Grant Disaster Recovery Grant, Capital Improvement Project funds, and PG&E funds. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - Bid Summary Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-164 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AWARDING CONTRACT C02258 FOR THE COFFEY PARK AND FOUNTAINGROVE NEIGHBORHOOD ROAD DISASTER RECOVERY PROJECT TO ARGONAUT CONSTRUCTORS, INC. AND ACCEPTING A GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE CHIEF FINANCIAL OFFICER TO APPROPRIATE GRANT FUNDS IN THE AMOUNT OF $13,835,903.19 12.4 RESOLUTION - AUTHORIZATION TO EXECUTE JOINT STANDARD City of Santa Rosa Regular Meeting Minutes Page 9 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 AGREEMENTS FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES (AHSC) PROGRAM AND A SEPARATE IMPLEMENTATION AND MUTUAL INDEMNITY AGREEMENT FOR THE ROSELAND VILLAGE HOUSING PROJECT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, 1) authorize the City Manager to execute two State of California Standard Agreements as joint parties with MidPen Housing Corporation (MidPen) and Sonoma-Marin Area Rail Transit (SMART) for Affordable Housing and Sustainable Communities (AHSC) grant funds and loan funds for the Roseland Village Housing Project; and 2) delegate authority to the City Manager or designee to negotiate and execute a separate Implementation and Mutual Indemnity Agreement (Joint Parties Agreement) with parties that are receiving AHSC funds, including MidPen and SMART, to further allocate responsibilities, risks and liabilities amongst the AHSC grant and loan fund recipients. Attachments: Staff Report Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-165 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING EXECUTION OF STANDARD AGREEMENTS FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM FOR THE ROSELAND VILLAGE HOUSING PROJECT AND DELEGATION OF AUTHORITY TO THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SEPARATE IMPLEMENTATION AND MUTUAL INDEMNIFICATION AGREEMENT 12.5 RESOLUTION - RE-ADOPTION OF CITY OF SANTA ROSA POLICY 200-20 AND POLICY 200-21, REGARDING THE PROVISION OF PRIORITY WATER AND SEWER SERVICE TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS RECOMMENDATION: It is recommended by Santa Rosa Water and the Board of Public Utilities that the Council, by resolution, re-adopt Council Policy 200-20 Provision of Priority Water Service to Residential Developments with Affordable Housing Units and Council Policy 200-21 Provision of Priority Sewer Service to Residential Developments with Affordable Housing Units. City of Santa Rosa Regular Meeting Minutes Page 10 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 Attachments: Staff Report Attachment 1 - Council Resolution 26691 Attachment 2 - Council Resolution 27963 Attachment 3 - Council Resolution RES-2017-231 Resolution Exhibit A - Policy 200-20 Exhibit B - Policy 200-21 This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-166 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RE-ADOPTING COUNCIL POLICY NO. 200-20 - PROVISION OF PRIORITY WATER SERVICE TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS AND COUNCIL POLICY NO. 200-21 - PROVISION OF PRIORITY SEWER SERVICE TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS 12.6 RESOLUTION - APPROVAL OF BLANKET PURCHASE ORDER WITH BMI IMAGING SYSTEMS, INC. FOR MICROFICHE CONVERSION SERVICES OF PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT RECORDS RECOMMENDATION: It is recommended by the Planning and Economic Development and Finance Departments that the Council, by resolution, approve a Blanket Purchase Order for a three-year term with BMI Imaging Systems, Inc., Sunnyvale, California for microfiche conversions services, for a total contract amount not to exceed $475,000. Attachments: Staff Report Resolution Exhibit A This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-167 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A BLANKET PURCHASE ORDER WITH BMI IMAGING SYSTEMS, INC. IN A TOTAL NOT TO EXCEED $475,000 FOR MICROFICHE CONVERSION SERVICES OF PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT RECORDS 12.7 RESOLUTION - APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH QUADRIGA LANDSCAPE ARCHITECTURE & PLANNING TO PROVIDE LANDSCAPE ARCHITECTURAL DESIGN AND ENGINEERING SERVICES TO PREPARE DESIGN AND City of Santa Rosa Regular Meeting Minutes Page 11 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 CONSTRUCTION DOCUMENTS FOR KAWANA SPRINGS COMMUNITY PARK IN AN AMOUNT NOT TO EXCEED $603,763.60 RECOMMENDATION: It is recommended by the Recreation and Parks Department that the Council, by resolution, approve the Professional Services Agreement between the City of Santa Rosa and Quadriga Landscape Architecture & Planning, to provide landscape architectural design and engineering services to prepare design and construction documents for Kawana Springs Community Park in an amount not to exceed $603,763.60. Attachments: Staff Report Resolution Exhibit A This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-168 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH QUADRIGA LANDSCAPE ARCHITECTURE PLANNING TO PROVIDE LANDSCAPE ARCHITECTURAL DESIGN AND ENGINEERING SERVICES TO PREPARE DESIGN AND CONSTRUCTION DOCUMENTS FOR KAWANA SPRINGS COMMUNITY PARK IN AN AMOUNT NOT TO EXCEED $603,763.60 12.8 RESOLUTION - EXTENSION OF PROCLAMATION OF LOCAL HOMELESS EMERGENCY RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council, by resolution, approve an extension of Resolution No. 28839 which formally proclaimed a local homeless emergency within Santa Rosa. Attachments: Staff Report Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-169 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA EXTENDING A PROCLAMATION OF LOCAL HOMELESS EMERGENCY (GOVERNMENT CODE SECTIONS 8630 ET SEQ.) The time not being 5:00 p.m. Mayor N. Rogers took Item 14.1 before Item 13. 14. REPORT ITEMS City of Santa Rosa Regular Meeting Minutes Page 12 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 14.1 REPORT - GRAFFITI ABATEMENT PILOT PROGRAM BACKGROUND: Historically, the City of Santa Rosa has addressed graffiti abatement through various initiatives and programs. In 2007, the City created a civilian Graffiti Coordinator position within the Police Department which ran a grant funded abatement program through 2014. In 2019, graffiti abatement duties fully shifted to the City’s Code Enforcement program and was distributed across its general caseload. In recent years, Code has seen an increase in graffiti vandalism and its impact to the city's aesthetic appeal and community pride. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, 1) accept and appropriate $285,200 in one-time funding from the Sonoma County Landfill Settlement Agreement to establish an 18-month graffiti abatement pilot program; and 2) amend the City Classification and Salary Plan to add, for a period not to exceed 18 months, 1.0 FTE Limited Term Housing and Community Services (Code Enforcement) Technician and 0.5 FTE Limited Term Community Outreach Specialist. Attachments: Staff Report Attachment 1 - CC Ordinance 3601 Attachment 2 - CC Ordinance 3729 Resolution Presentation Lou Kirk, Assistant Chief Building Official, Jesse Oswald, Chief Building Official, and Gabe Osburn, Planning and Economic Development Interim Director, presented and answered questions from Council. PUBLIC COMMENT Speaker commented regarding Agenda Item 14.1. A motion was made by Council Member Alvarez, seconded by Council Member C. Rogers, to waive reading of the text and adopt. RESOLUTION NO. RES-2023-170 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ACCEPTING AND APPROPRIATING $285,200 FROM THE SONOMA COUNTY LANDFILL SETTLEMENT AGREEMENT FUNDS TO ESTABLISH AN 18-MONTH City of Santa Rosa Regular Meeting Minutes Page 13 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 GRAFFITI ABATEMENT PILOT PROGRAM AND AMENDING THE CITY CLASSIFICATION AND SALARY PLAN TO ADD 1.0 FTE LIMITED TERM HOUSING AND COMMUNITY SERVICES (CODE ENFORCEMENT) TECHNICIAN AND 0.5 FTE LIMITED TERM COMMUNITY OUTREACH SPECIALIST FOR A PERIOD OF 18 MONTHS IN THE PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT The motion carried by the following vote: Yes: 7 - Mayor Natalie Rogers, Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp 13. PUBLIC COMMENT ON NON-AGENDA MATTERS PUBLIC COMMENT JoAnn Jones with Country Home mobile home park spoke requesting senior parks under rent control be designated as senior housing by using zoning overlays to protect their designations from being changed to all age parks. Sidnee Cox, Director of EMF Safety Network and Safe Tech for Santa Rosa, spoke in opposition to Federal and State telecommunications bills AB 965, AB 1065 and HR 3557. Tom LaPenna, President of Santa Rosa Manufactured Homeowners Association, spoke requesting overlay zoning for the 12 senior parks in Santa Rosa and removal or lowering of the in-place transfer fee from the rent control ordinance as Petaluma has done. LATE CORRESPONDENCE Attachments: Late Correspondence (Uploaded 09-28-2023) This item was received and filed. 14.2 REPORT - APPROVE REFUSE RATE INCREASE EFFECTIVE JANUARY 1, 2024 SET BY RECOLOGY AS CONSISTENT WITH SOLID WASTE COLLECTION SERVICES AGREEMENT AND AUTHORIZE CITY MANAGER TO NEGOTIATE AND APPROVE A FIFTH AMENDMENT TO THE COLLECTION SERVICE AGREEMENT City of Santa Rosa Regular Meeting Minutes Page 14 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 BETWEEN CITY OF SANTA ROSA AND RECOLOGY SANTA ROSA BACKGROUND: Under the existing contract, Recology Sonoma Marin is entitled to an annual increase of their rates; the next rate adjustment is scheduled to be effective on January 1, 2024. Rate adjustments are requested through an application process where Recology submits a rate adjustment application to the City no later than October 1 annually. The Agreement stipulates that the rate application include a Refuse Rate Index (RRI) Adjustment using five Bureau of Labor Statics indices (labor, diesel, vehicle replacement, vehicle maintenance, and all other) as well as changes in landfill tipping fees, recyclable material revenue, and organic waste processing fees. As an alternative to the RRI adjustment, the Agreement allows the City or Recology to request a detailed rate review every three years. A Detailed Rate Review includes analyzing: 1. Subscription levels by line of business to test the reasonableness of revenue projections. 2. Forecasted costs such as labor-related costs, vehicle related costs, other others, and lease expenses. 3. Establishing a 90% operating ratio. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution: 1) approve the 4.33% increase set by Recology to be effective January 1, 2023 as correct and in accordance with the City’s existing Solid Waste Collection Services Agreement; and 2) authorize the City Manager to negotiate and execute a Fifth Amendment to Solid Waste Collection Agreement between the City and Recology Marin, dba Recology Santa Rosa, to update the refuse rate index methodology, subject to approval as to form by the City Attorney. Attachments: Staff Report Attachment 1 - Santa Rosa Detailed Rate Review Analysis Report by R3 Consulting Group, Inc. Resolution Exhibit A - Fifth Amendment to Franchise Agreement Presentation Jason Nutt, Assistant City Manager, along with Jim Howison and Carrie Baxter of R3 Consulting Group, presented and answered questions from Council. City of Santa Rosa Regular Meeting Minutes Page 15 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 No public comment was provided. A motion was made by Council Member C. Rogers, seconded by Council Member Alvarez, to waive reading of the text and adopt RESOLUTION NO. RES-2023-171 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A REFUSE RATE INCREASE OF 4.33% EFFECTIVE JANUARY 1, 2024 SET BY RECOLOGY AS CONSISTENT WITH THE SOLID WASTE COLLECTION SERVICES AGREEMENT AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND APPROVE A FIFTH AMENDMENT TO THE SOLID WASTE COLLECTION SERVICES AGREEMENT BETWEEN CITY OF SANTA ROSA AND RECOLOGY SONOMA MARIN, DBA RECOLOGY SANTA ROSA The motion carried by the following vote: Yes: 7 - Mayor Natalie Rogers, Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp 15. PUBLIC HEARINGS - NONE. 16. WRITTEN COMMUNICATIONS 16.1 FEDERAL AND STATE LEGISLATIVE UPDATE: · Support for S. 2162 (Feinstein) -- Support To Rehydrate the Environment, Agriculture, and Municipalities Act (STREAM Act). Provided for information. · Support for S. 1686 (Schatz and Padilla) -- Reforming Disaster Recovery Act. Provided for information. · Support for ACA 13 (Ward) -- A constitutional amendment that would increase a vote requirement for future ballot measures, be approved by the same proportion of votes cast as the ballot measure would require. The constitutional amendment would also preserve the right of cities to place advisory questions on the ballot to ask voters their opinion on issues. Provided for information. · Support for AB 1423 (Schiavo) -- Prohibit a local government entity, including any school, from purchasing or installing a covered surface containing regulated perfluoroalkyl and polyfluoroalkyl substances starting January 1, 2026. Provided for City of Santa Rosa Regular Meeting Minutes Page 16 of 16 City Council Regular Meeting Minutes - Final September 26, 2023 information. Attachments: Legislative Memo Bill Text - STREAM Act S. 2162 Letter of Support - STREAM Act Bill Text - Reforming Disaster Recovery Act S. 1686 Letter of Support - Reforming Disaster Recovery Act S. 1686 Bill Text - ACA 13 Voting thresholds Letter of Support - ACA 13 Voting thresholds Bill Text - AB 1423 Product safety - PFAS - artificial turf or synthetic surfaces Letter of Support - AB 1423 Product safety - PFAS - artificial turf or synthetic surfaces No pubic comments were made. This item was received and filed. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS No public comments were made. 18. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 19. ADJOURNMENT OF MEETING Mayor N. Rogers adjourned the meeting at 6:02 p.m. with an acknowledgment of Hispanic Heritage Month. The next regular meeting will be held on October 24, 2023 at a time set by the Mayor. 20. UPCOMING MEETINGS 20.1 UPCOMING MEETINGS LIST Attachments: Upcoming Meetings List This item was received and filed. Approved on: OCTOBER 10, 2023 /s/ Rhonda Bolla, Deputy City Clerk